Vincent v R [2020] NSWCCA 271

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Vincent v R [2020] NSWCCA 271 Hearing dates: 19 August 2020 Decision date: 21 October 2020 Before: Gleeson JA at [1]; Rothman J at [2]; Price J at [92] Decision: (1) Leave to appeal granted; (2) The sentence imposed on the applicant by the District Court at Campbelltown on 6 May 2019, for the offences of wound with intent to cause grievous bodily harm and specially aggravated detain for advantage, each committed on 22 June 2016, is quashed; (3) In lieu of the aforesaid sentence, the applicant is sentenced to an aggregate sentence for the offences of wound with intent to cause grievous bodily harm and specially aggravated detain for advantage, each committed on 22 June 2016, of 10 years' imprisonment, commencing 30 May 2017 and concluding 29 May 2027, with a non-parole period of 6 years and 8 months, concluding 29 January 2024. The applicant is first eligible for release on parole on 29 January 2024. Catchwords: CRIME – Sentence Appeal – manifest excess and failure to give effect to special circumstances – no manifest excess, by majority, minority did not need to consider – effect of accumulation on previously imposed sentences – assumed oversight – re-sentenced. Legislation Cited: Crimes Act 1900 (NSW), ss 33(1)(a), 86(3) Cases Cited: CM v R [2013] NSWCCA 341 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 GP v R [2017] NSWCCA 200 Hejazi v R (2009) 217 A Crim R 151; [2009] NSWCCA 282 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 House v The King (1936) 55 CLR 499; [1936] HCA 40 Maglis v R [2010] NSWCCA 247 Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Sabongi v R (2015) 249 A Crim R 167; [2015] NSWCCA 25 Category: Principal judgment Parties: Anthony Thomas Vincent (Applicant) Crown (Respondent) Representation: Counsel: R Rodger (Applicant) B Baker (Respondent)